TransVer Internet Services
Website Development and Maintenance General Terms and Conditions
General Terms and Conditions of TransVer Internet Services, hereinafter referred to as
These general terms and conditions shall apply to all legal relations between TransVer
and its clients, and shall preclude the application of the latter's general terms and
conditions, unless TransVer expressly agrees to this in writing beforehand.
2. Quotation and conclusion of agreement
2.1 As long as TransVer has not had an opportunity to assess the nature of the
entire document submitted by a client to be translated and/or otherwise edited, any
quotation provided in this respect along with the fee and/or delivery time stated
therein, shall be free of obligation and may at all times be withdrawn or modified.
2.2 A client shall be deemed to have entered into an agreement at such time as
he submits an order. The time at which such order is submitted shall be deemed to be
when the client sends an order for a translation to TransVer or presents it to the
latter. An order for a translation may be sent by post or by clicking on the button on
the TransVer wizard bearing the inscription, 'Submit order', where the sender indicates that
he does not wish to receive a quotation by not selecting one of the 'Quotation only please' checkboxes.
2.3 In order to confirm the submission of the order by the client, TransVer
shall send the latter an e-mail to this effect. Failure to send this e-mail shall in no
way bar the client from entering into this agreement. The e-mail sent by TransVer shall
confirm that the latter has entered into the agreement in question.
2.4 TransVer shall treat as its client the person who submits an order to it,
unless he expressly indicates that he is acting on the orders, on behalf of and/or at
the expense of a third party, provided that he stipulates the name and address of this
3. Delivery time and deadline
3.1 The agreed delivery time is indicative and TransVer undertakes to do all in
its power to comply with it. Should it appear that it will be impossible for it to ensure
timely delivery due to exceptional circumstances, TransVer undertakes to notify its
client to this effect forthwith.
3.2 In the unlikely event that the relevant deadline is missed, the client shall
be entitled to cancel the agreement unilaterally if he is no longer able to wait for his
order to be fulfilled. In this case TransVer shall not be liable for any compensation.
3.3 Delivery shall be deemed to have occurred at such time as TransVer effects
despatch by e-mail or, if applicable, post, fax or courier.
4. Modification or withdrawal of order
4.1 In the event that after an agreement is concluded, the client makes changes
of a limited nature, this to be determined solely at the discretion of TransVer, the
latter reserves the right to adjust any relevant delivery time and/or fee to accord with
4.2 TransVer undertakes to e-mail its client confirmation of any change made to
an order, delivery time or fee after the relevant agreement has been concluded, once it
has assented to such change.
4.3 In the event that a client withdraws an order after it has been submitted,
he shall be liable for payment of the agreed sum in full, unless TransVer indicates that
a discount may be granted. The extent of such discount shall be determined solely at
5. Proficient fulfilment of orders and confidentiality
5.1 TransVer gives an undertaking to its clients that it will ensure that any
order for a translation will be fulfilled to the best of its ability and expertise.
5.2 Subject to its responsibility for the proficient fulfilment of an order,
TransVer shall be entitled to engage the services of a third party, i.e. an
independently operating proficient translator, for the fulfilment of such order.
Based on its experience in and knowledge of the translation market, TransVer
undertakes to engage the services of one or more external translators for a specific
order (or part thereof), to the best of its ability and expertise, having regard
as far as possible to the nature of the order in question.
5.3 TransVer undertakes to treat all information provided by a client as
confidential. Furthermore, TransVer undertakes to alert any external translator whose
services it engages, to his duty to ensure the confidential treatment of information
and any documentation it may have obtained. Nevertheless, TransVer cannot be held
liable for the unlikely event that a third party may fail to comply with his duty
6. Standard and other fees, and payment
6.1 In principle, the standard fee shall be based on a rate per word and shall
be calculated on the basis of the number of words in the document that has been
translated (the target document), multiplied by the applicable rate per word,
unless TransVer comes to some other agreement with a client. The applicable rates
shall be listed on the website, www.transver.net, or in the relevant quotation.
6.2 TransVer shall supplement the aforementioned standard fee with a surcharge
in the event that the document that is to be translated, requires additional work,
is of an extraordinary or specialist nature, or if it needs to be translated very
urgently (more urgently than TransVer's short standard delivery times), or if more
expenses need to be incurred for any other purpose, which exceed what TransVer
could reasonably have expected.
6.3 Invoices shall be paid within fifteen (15) days of the relevant invoice date.
6.4 A client shall be liable for any extrajudicial debt collection costs in the
event of his failure to effect timely payment.
7. Complaints and disputes
7.1 A client shall be required to notify TransVer of any complaint about a
translation as soon as possible but no later than ten (10) days following delivery.
The submission of a complaint shall under no circumstances discharge the client from
his duty to effect payment.
7.2 Should a client raise any question about the accuracy or quality of a
translation which clearly goes beyond any polemical dispute about the most appropriate
or best translation of one or several words, TransVer undertakes to comment on this
through the relevant external translator. In the event that TransVer can reasonably
show that the translation in question has definitely been proficiently executed, it
shall be entitled to charge the client concerned for any additional time involved.
7.3 If a complaint (or part thereof) is well-founded, TransVer undertakes to do
all in its power to ensure the urgent and proficient correction of the product that
has been delivered, in consultation with the client in question, or in the event that
the client prefers it, to present the latter with a discount on the agreed fee
amounting to part but no more than the total sum thereof. All of the foregoing shall be
done with a view to achieving a reasonable solution for all the parties involved.
8. Liability and indemnification
8.1 A client shall only be entitled to hold TransVer liable for loss or harm
that can be shown to be a direct result of any default that may be attributed to it.
TransVer shall under no circumstances be liable for any other form of loss or harm,
such as loss of business, loss due to delay or loss of earnings. Whatever the case,
liability shall be limited to a sum equivalent to the fee charged for the order in
8.2 TransVer shall in no way be liable for the faulty translation of ambiguities
in specific parts of the source document.
8.3 The assessment of the question as to whether a document that is to be
translated or the translation thereof entails certain risks of bodily injury, shall be
performed entirely at the risk and expense of the client in question.
8.4 The client shall be deemed capable of checking any parts of a translation
supplied by TransVer which are important to him or which are of an essential nature,
such as figures and/or important contractual terms and conditions of the parties to
an agreement, and medical information, in view of the fact that, whereas TransVer
produces translations to the best of its ability and expertise, it can under no
circumstances by held liable for consequential or other loss or harm suffered as a
result of a human error in the translation of any of the aforementioned parts.
8.5 TransVer shall not be liable for damage to or the loss of any documents
which its client places at its disposal. Nor shall TransVer be liable for any loss or
harm occasioned by the use of information technology, the Internet and modern means
8.6 A client shall indemnify TransVer against any claim made by a third party in
relation to the alleged infringement of a title of ownership, patent or copyright,
or the use by a third party of the product supplied.
9.1 Should a client fail to fulfil his duties or in the event that he is
bankrupt, TransVer shall be entitled to cancel all or part of a valid agreement or to
suspend its execution without being liable for compensation. In this case TransVer
shall be entitled to immediate payment of any sum owed to it.
9.2 In the event that TransVer fails to fulfil its duties due to any
circumstances beyond its control, it shall be entitled to cancel the relevant agreement
without being liable for compensation. Such circumstances shall at any rate be deemed
to include but shall not be confined to fire, accidents, illness, strikes, rioting, war,
transport obstructions, measures taken by the appropriate public authorities, or any
other circumstances that are beyond TransVer's control.
Unless expressly agreed otherwise, TransVer shall retain copyright to any translation
produced by a translator.
11. Amendment of general terms and conditions
TransVer shall at all times be entitled to amend these general terms and conditions
without giving notice to this effect. Nevertheless, TransVer undertakes to ensure the
proper provision of these general terms and conditions upon request, and to publish
them on the website, https://www.transver.net.